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5 CFR § 846.702 - Definitions.

---
identifier: "/us/cfr/t5/s846.702"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 846.702 - Definitions."
title_number: 5
title_name: "Administrative Personnel"
section_number: "846.702"
section_name: "Definitions."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "846"
part_name: "FEDERAL EMPLOYEES RETIREMENT SYSTEM—ELECTIONS OF COVERAGE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 8347(a) and 8461(g) and Title III of Pub. L. 99-335, 100 Stat. 517; Sec. 846.201(b) also issued under 5 U.S.C. 7701(b)(2) and section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 846.201(d) also issued under section 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 846.201(d) also issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 846.202 also issued under section 301(d)(3) of Pub. L. 99-335, 100 Stat. 517; Sec. 846.204(b) also issued under Title II, Pub. L. 106-265, 114 Stat. 778; Sec. 846.726 also issued under 5 U.S.C. 1104; subpart G also issued under section 642 of Pub. L. 105-61, 111 Stat. 1272."
regulatory_source: "52 FR 19235, May 21, 1987, unless otherwise noted."
cfr_part: "846"
---

# 846.702 Definitions.

In this subpart—

*Election* means an election of FERS coverage during the 1998 open enrollment period.

*Former spouse consent requirement* means the condition that must be satisfied under section 301(d) of the FERS Act for an employee with a former spouse to be eligible to elect FERS coverage.

*Qualifying court order* means a *court order acceptable for processing* as defined in § 838.103 of this chapter or a *qualifying court order* as defined in § 838.1003 of this chapter subject to the following conditions:

(1) If OPM has not received (as explained in § 838.131 of this chapter) a copy of the court order and identifying information required under § 838.221(b)(3), § 838.421(b)(3), § 838.721(b)(1)(iii), or § 838.1005(b)(3) of this chapter prior to the date on which the employing office receives the election to be covered by FERS, the court order is not a *qualifying court order.*

(2) If the former spouse loses entitlement to all CSRS benefits under the court order, the court order ceases to be a *qualifying court order.*

*Social security coverage* means coverage under the Old Age, Survivors, and Disability Insurance program under the Social Security Act.

*1998 open enrollment period* means July 1, 1998, through December 31, 1998.